Rialto Municipal Code Ch. 5.42 Official Police Tow Truck Services

Footnotes:

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Editor's note— Ord. No. 1558, § 2, adopted February 24, 2015, amended Chapter 5.42, in its entirety to read as herein set out. Former Chapter 5.42, §§ 5.42.010—5.42.250, pertained to similar material, and derived from Ord. No. 1301, 1999.

It is the intent of this chapter to prescribe the basic regulations for the operation of "official police towing services" in the city in responding to police emergency situations and in the removal of vehicles which are apparently abandoned, improperly parked or stopped on public property, involved in an accident, operated by persons in violation of licensing requirements, or which constitute an obstruction to traffic because of mechanical failure. It is the intent of the city council in enacting the ordinance codified in this chapter to provide a fair and impartial means of distributing requests for towing services among qualified towing firms, and to ensure that such service is prompt and reasonably priced, and in the best interest of the public as well as the interest of efficient policing operations for the removal from public streets of such vehicles.

(Ord. No. 1558, § 2, 2-24-15)

"Attendant" or "operator" means a trained and/or qualified individual responsible for the operation of a tow car, tow truck, or vehicle storage facility.

"Director of administrative services" means the position established in Section 2.32.030 of the Rialto Municipal Code, which position is charged with the administration of the financial affairs of the city.

"Hold" means a designation by the storing/impounding police department employee requesting a level of care above that generally accorded to stored or impounded vehicles. "Holds" expire ten calendar days after the date of the tow, unless otherwise extended by a police department employee.

"Impounded vehicle" means any vehicle containing evidence of criminal activity, is in and of itself evidence of a criminal act, or is taken pursuant to a violation of licensing requirements, that is removed from a site and taken to a tow yard for investigation purposes at the direction of a police department employee and for which a vehicle report (currently, form CHP 180) is provided to the official police tow service.

"Official police tow service" means a towing company having a franchise with the City of Rialto to provide towing services to the police department. An official police tow service shall be used by the police department for any situation where a tow truck is required.

"Tow car" or "tow truck" means a motor vehicle which has been altered or designed and equipped for, and exclusively used in the business of, towing vehicles by means of a crane, tow bar, tow line, flat bed, roll back, or dolly, or is otherwise exclusively used to render assistance to other vehicles.

"Stored vehicle" means any vehicle removed from a site and taken to a tow yard at the direction of a police department employee, and for which a vehicle report (currently, form CHP 180) is provided to the official police tow service.

(Ord. No. 1558, § 2, 2-24-15)

Tow truck operators designated as an official police tow service shall enter into a written franchise agreement with the city. Each franchise agreement shall contain eligibility requirements, operating regulations, and fee schedules as adopted by the city council.

(Ord. No. 1558, § 2, 2-24-15)

A. Pursuant to California Vehicle Code Section 12110(b), each official police tow service shall pay the city a franchise fee in such amount as may, from time to time, be set by resolution of the city council. All terms and provisions for payment of the fee shall be clearly set forth in the franchise agreement.

B. The franchise fee shall be paid monthly to the city no later than the 10th of the following month of service provided by the official police tow service during the term of the franchise.

C. Nonpayment of the franchise fee by any official police tow service shall be grounds for revocation of the franchise.

D. The city shall retain the right to impose alternative forms of taxes and/or fees in the event that the franchise fees provided for in this Section 5.42.040 are no longer assessable due to a subsequent change in federal, state, or local law.

(Ord. No. 1558, § 2, 2-24-15)

A. Every official police tow service shall annually provide the city with an income statement of the official police tow services. Such statements shall be in such substance and format as may be provided by the director of administrative services or his/her designee.

B. In addition to the annual income statement, each official police tow service to the city shall provide a detailed report showing the basis for calculating the monthly franchise fee and a written statement, signed under penalty of perjury by an officer of the official police tow service, and the basis for exempting any such tow services from calculation of the monthly franchise fee payment.

(Ord. No. 1558, § 2, 2-24-15)

A. All official police tow service franchises granted pursuant to this chapter shall be non-exclusive and shall be for a term as specified by the city council in any resolution granting a franchise hereunder and/or in any franchise agreement between the city and the official police tow service.

B. The city shall award up to two franchises pursuant to this chapter. No provision of this chapter shall be deemed to require the city council to grant any franchise if the council determines that the grant of any such franchise is not in the best interest of the city and the public.

C. Each official police tow service shall be subject to the terms and conditions specified in this chapter, as well as any terms or conditions specified in the resolutions granting their respective franchises and/or in their respective franchise agreements.

D. In granting any official police tow service franchise, the city council may prescribe such other terms and conditions within the agreement not in conflict with this article, as the city council, in its sole discretion, may determine to be in the best interest of the city and the public.

(Ord. No. 1558, § 2, 2-24-15)

Each official police tow service shall have and maintain a valid license to do business in the city at all times during the term of its franchise agreement.

(Ord. No. 1558, § 2, 2-24-15)

At least ninety calendar days prior to the date an existing franchise is due to expire, or whenever the chief of police or his or her designee determines that the city has an established need for a new or additional tow truck operator to provide official police tow services to the city, the chief of police or his or her designee shall request that the department of administrative services send out a notice of request for qualifications for a tow truck operator. The request for qualifications shall be prepared by the department of administrative services and shall be approved by the chief of police or his or her designee. All proposals shall be reviewed by a qualifications evaluation committee, which will include the chief of police or his or her designee.

The evaluation committee shall select the most qualified proposal, if there is one, and shall conduct a background investigation on the operator, his/her employees, as well as verify all information included in the proposal submitted to the city. Upon successful completion of the background investigation, the chief of police or his or her designee shall recommend in writing to the city council the award of a franchise based on the bidder's compliance with the objective criteria established by this chapter or established by resolution of the city council for determining the most qualified operator. In preparing requests for and evaluating proposals received by the city, the department of administrative services and the chief of police or his or her designee shall comply with the procedures and criteria adopted by resolution of the city council in accordance with this chapter, if any.

For the purposes of this Section 5.42.080, the city may determine the need for a new or additional official police tow service if any of the following occurs: (1) an existing official police tow service's franchise is revoked in accordance with the provisions of Section 5.42.310 of this chapter; (2) the response times of all of the existing official police tow services fail to meet the average response time required by the franchise because of a demonstrable increase in the volume of official tows; (3) city annexes additional area and the chief of police or his or her designee, in his/her sole discretion, determines that the increased area and population warrant additional official police tow services to adequately protect the public health, safety and welfare; or (4) city determines in its sole discretion that the official police tow service fails to maintain fiscal responsibility.

(Ord. No. 1558, § 2, 2-24-15)

A. An official police tow service shall not sell, transfer, lease, assign, sublet, mortgage, or dispose of, either in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation or otherwise, the franchise or any rights or privileges granted therein, without obtaining the prior, written consent of the city council. Any request to transfer or assign the franchise must be in writing and must be submitted to the city at least one hundred twenty days prior to the effective date of such sale, transfer, or assignment.

B. Upon receipt of a written request to sell, transfer, lease, assign, sublet, mortgage, or otherwise dispose of a franchise, the police department shall investigate the proposed transferee or assignee and determine whether such proposed transferee or assignee is qualified to serve as an official police tow service operator pursuant to the criteria and requirements set forth in this chapter and contained in the franchise agreement and shall make a recommendation to the city council.

C. The prohibition against the sale, transfer, lease, assignment, subletting, mortgage, or disposal of any interest in the franchise shall apply to any change in control of the official police tow service. The word "control" as used herein is not limited to a change in major stockholders or partners of the official police tow service, but also includes actual working control in whatever manner exercised. In the event that an official police tow service is a corporation, prior written consent of the city council shall be required where ownership or control of more than forty-nine percent of the voting stock of the official police tow service is acquired by a person or group of persons acting in concert, none of whom own or control the voting stock of the official police tow service, either singularly or collectively, as of the effective date of the franchise.

D. Any attempt to sell, transfer, lease, assign, sublet, mortgage, or otherwise dispose of an official police tow service franchise without the prior, written consent of the city council shall be null and void and shall subject the offending official police tow service operator to cancellation, revocation, or suspension of its franchise subject to the terms and procedures set forth in this chapter.

(Ord. No. 1558, § 2, 2-24-15)

A. The city shall establish a uniform tow fee schedule to be used by all official police tow services. The uniform tow fee schedule may be determined by using the average tow fee allowed by the California Highway Patrol, San Bernardino Bureau (the "CHP"), for those official police tow services with contracts with the CHP. Said rates shall be adjusted annually unless an adjustment to rates is approved more frequently by the CHP.

B. All charges for towing, impound, storage, and other services required to be performed by the official tow service shall not exceed the schedule of rates approved by the city council. The schedule of rates approved by the city council shall be reviewed and modified, if needed, at the beginning of every city fiscal year.

C. Each official police tow service shall post, in a conspicuous place in the interior of each tow truck operated by said official police tow service and in the business office or such other places where customer financial transactions take place, an approved rate schedule listing the rates and charges of all towing and storage services offered in a form approved by the chief of police.

(Ord. No. 1558, § 2, 2-24-15)

A. Each official police tow service designated as an official police tow service shall be placed on a "rotation list" in an initial order to be determined by the police department. The rotation list shall be used whenever a driver or owner of a disabled vehicle is unable to specify a particular garage or tow service, or whenever a police department employee stores or impounds a vehicle.

B. Each official police tow service shall be called according to the established rotation list to respond to a police department request for towing service, and, when in turn, shall have exclusive right to provide service as follows:

The official police tow service at the top of the order on the rotation list shall have preference to tow all vehicles from a specific scene, provided that official police tow service responds with all equipment needed to accomplish the tows within the response time specified herein.

C. Whenever an official police tow service cannot respond with all equipment needed to accomplish all tows at a specific scene within the response time specified herein, the next official police tow service on the rotation list shall be called to provide service to the remaining vehicle(s).

D. Whenever an official police tow service cannot, for any reason, respond with any equipment needed to accomplish the requested service within the response time specified herein, that official police tow service shall be passed over and the next official police tow service on the rotation list will be called. The official police tow service shall become eligible to provide service again only in its next turn in rotation.

E. Exceptions:

1. Whenever the driver or owner of a disabled vehicle specifies a particular club, association or tow service to be called to provide service, such calls shall not constitute a "rotation" call.

2. Whenever a police department employee determines that an emergency exists because an official police tow service is unable, for any reason, to provide adequate tow service, the police department employee shall have the right to have such duties performed by any other means available.

(Ord. No. 1558, § 2, 2-24-15)

A. Each official police tow service shall provide towing equipment capable of providing for the following services:

1. Recovery truck(s) with an adjustable boom with a minimum lifting capacity of at least eight tons.

2. Wheel lift towing.

3. Roll back/flatbed towing.

4. Towing in parking garages.

5. Towing from off-road areas.

6. Towing of large and oversized vehicles.

7. Towing of motorcycles without causing additional damage.

B. All tow trucks shall be equipped as provided in the California Vehicle Code, including, but not limited to, Sections 615, 24605, 25100, 27700, and 27907.

C. Any equipment used and maintained by an official police tow service shall be available for inspection by the police department upon request.

D. Each official police tow service shall be equipped for and have personnel proficient in unlocking locked vehicles when requested to do so by police department employees.

E. Each official police tow service shall maintain in a neat and clean manner and in good working condition its storage facilities and improvements thereon, and all vehicles, facilities, equipment, and materials used by the official police tow service in the performance of the services required by the franchise. Any additions to or deletions from an official police tow service's tow truck fleet shall be immediately reported, in writing, to the city.

(Ord. No. 1558, § 2, 2-24-15)

A. Requests for Service. All requests for towing service and the removal of traffic hazards shall be made through the police department. Official police tow services shall provide towing service when:

1. The owner or driver of a disabled vehicle is unable to or fails to specify a garage or tow service;

2. A disabled vehicle presents a hazard that renders any request by a driver or owner impractical;

3. A police department employee requests a towing service for the purposes of storing or impounding a vehicle.

B. Hours of Operation; Vehicle Release. Each official police tow service shall comply with all of the following regulations relating to hours of operation, identification, and vehicle release:

1. Each official police tow service's business office shall be located within the storage yard and attended at all times for servicing the public and the city from 8:00 a.m. to 5:00 p.m., Monday through Friday, except for the following holidays:

*

If said holiday falls on a Saturday, it will be observed on the preceding Friday; if said holiday falls on a Sunday, it will be observed the following Monday.

2. Official police tow service's business office shall have a sign posted including the company name, address, phone number, and hours of operation, clearly visible from the roadway.

3. Official police tow service may collect an additional charge, in an amount approved by the police chief, for release of vehicles after normal business hours.

4. Official police tow service must be available to promptly respond twenty-four hours a day, seven days a week, three hundred sixty-five days a year, to all requests by the city for towing services.

5. Official police tow service shall release vehicles impounded by the police department, pursuant to authorization provided by appropriate employees of the police department. Such authorization shall be in writing on a form provided by the police department.

6. All vehicles stored or impounded as a result of a tow ordered by the police department shall be made available to the owner of the vehicle or his representative, any insurance agent, insurance adjustor, or any body shop or car dealer, for the purpose of estimating or appraising damages, except vehicles with a "police hold."

C. Removing Hazards. After being dispatched by the police department to the scene, an official police tow service operator shall cooperate with the police officers in removing hazards and illegally parked vehicles as requested. It is the duty of the police officers to determine when such vehicle should be impounded or moved, and the official police tow service operator shall abide by their decisions. This requirement shall only apply to official police tow services summoned to a scene in response to an official request by the police department for tow services.

D. Tow Truck Signage. Each official police tow service shall comply with Section 27907 of the California Vehicle Code regarding signs on tow trucks.

E. Compliance with Rotation System. Each official police tow service shall agree to abide by the rotation system established by the police department pursuant to the provisions of Section 5.42.110 of this chapter.

F. Tow of City Vehicles. Each official police tow service shall tow and provide services to all city vehicles, other than heavy duty vehicles, free of charge in and within five miles of the city limits.

G. Personnel. Each official police tow service and its officers, employees and agents shall be responsible for their acts while performing duties pursuant to their respective franchise agreements as follows:

1. The owners of official police tow service participating in towing assignments by the police department shall be responsible for the acts of their employees while on duty.

2. Each participating official police tow service shall be responsible for damage to vehicles while in its possession caused by that official police tow service.

3. Each official police tow service shall be responsible for damage to person or property caused by its employees en route to or from a city request for tow services.

4. Each official police tow service and its employees, drivers, and agents shall comply with all applicable federal, state, and local laws, including but not limited to all applicable provisions of the California Vehicle Code.

H. Maintenance of Records and Facilities; Access. Throughout the entire term of its franchise with the city, inclusive of all renewals if any, an official police tow service shall abide by the following:

1. Every official police tow service shall maintain all offices, storage facilities, and equipment in a neat, clean and organized manner.

2. Every official police tow service shall provide city employees, including police department or other city investigators, access to its records, equipment, and storage facilities during normal working hours to assure compliance with the conditions and terms of the franchise and all applicable statutes, codes, and regulations.

I. Recording of Tow Truck Assignment. An official police tow service shall record its time in and its time out on every tow truck assignment. Such records shall be available and open to city examination.

J. Tow Reports. All official police tow services shall submit a monthly report to the chief of police or his or her designee and the director of administrative services or his/her designee, which shall include the following:

1. Total police impounds;

2. Dates and number of times dispatched by Rialto Police Department;

3. Number of these calls resulting in impounds;

4. Total amount received from towing services;

5. Total amount received from after-hour release charges;

6. Number of vehicles sold on lien sale under authority of Civil Code Section 3072, and reporting said lien sales as per authority of Vehicle Code Sections 22850 et seq.;

7. Number of vehicles sold under authority of Civil Code Section 3073;

8. For individual sales, the DMV release of liability form;

9. For all bulk sales, the name of the salvage company or individual purchaser and the vehicle identification numbers of all vehicles sold;

10. Number of calls answered in which time beyond one hour was required to handle;

11. Any responses to city requests for tow services in excess of forty (40) minutes.

K. Communications Requirements. All official police tow services shall comply with the following communications requirements:

1. Official police tow service shall maintain a telephonic point of contact capable of receiving city requests for towing services twenty-four hours a day.

2. Each official police tow service shall require its internal dispatch to retain data and records relating to the city's requests for towing services on premises for the term of the franchise.

3. Each official police tow service shall require the telephonic point of contact to promptly accept and relay requests for towing services made by the city. Failure or refusal to promptly relay the city's requests for towing services shall constitute a failure to comply with the requirements, terms and conditions of the franchise and may result in termination of the franchise.

4. Each official police tow service shall install and maintain at all times during the term of its franchise with the city, communications between their tow vehicle(s) and the official telephonic point of contact. This communication may be either by two-way radio or cellular telephone.

5. Each official police tow service shall maintain a twenty-four-hour per day communication contact with their tow vehicle(s).

6. Each official police tow service shall maintain a twenty-four-hour per day telephone service to receive calls from the public.

L. Storage Facilities. Every official police tow service shall have a secure and environmentally safe vehicle storage facility with a minimum of fifteen thousand usable square feet.

1. The vehicle storage facility must be located within the corporate city limits of the City of Rialto.

2. The vehicle storage facility must be completely enclosed by a six-foot high wall or fence with no holes, gaps, or other unsecured openings, and a gate. The wall or fence shall have two or more strands of barbed wire installed in such a manner as to discourage access over the top of the wall or fence or the wall or fence shall be a minimum of eight feet in height without barbed wire. All gates into the storage yard shall meet the same standards required of the wall or fence. Any damage to walls, fences or gates which allows, or could potentially allow, unauthorized access to the vehicle storage facility must be repaired within twenty-four hours.

3. The vehicle storage facility shall have adequate lighting, and comply with all applicable building codes, zoning regulations, environmental laws and regulations, and any and all other applicable laws, rules and regulations established by federal, state, county and/or city governments.

4. Security at the vehicle storage facility shall be adequate to preclude theft, vandalism, or damage while in the tow operator's establishment. The view to all vehicles must be obstructed from the roadway. No vehicles shall be left parked or stored on the public streets at any time. The official police tow service official police tow service operator must provide off-street parking for its equipment and be able to accommodate at least four additional vehicles for customer parking. Storage vehicles should be secured away from the customer parking area and on-site office area.

5. Each official police tow service official police tow service operator shall conspicuously post a tag on the windshield of all vehicles ordered impounded by the police department. No vehicle ordered impounded by the police department shall be released by the official police tow service official police tow service operator until said operator has verified that the applicable city release charges have been paid and obtained written authorization from the police department to release a particular vehicle.

6. Each vehicle storage facility must have adequate storage facilities to provide storage of ten vehicles within an enclosed area, totally protected from the weather, contamination or handling by unauthorized person(s).The police department will designate when a vehicle is to be placed into inside storage and may place a seal on each door of the vehicle and/or door(s) of the impound facility. Vehicles placed into inside storage shall not be removed therefrom without written authorization from the police department.

7. Each vehicle storage facility must provide an inspection area for authorized members of the police department. Such area shall have, at a minimum, a covered inspection area (roof) with a paved (concrete or asphalt) surface.

8. No official police tow service shall perform any work upon any vehicle stored or impounded by the police department without first obtaining written authorization from the police department and the registered owner of the vehicle.

9. No official police tow service shall dispose of any vehicle stored or impounded by the police department, through any process whatsoever, without first obtaining written authorization from the police department to dispose of the vehicle.

M. When disposing of unclaimed vehicles, official police tow services shall abide by all federal, state and local laws pertaining thereto.

N. All vehicles stored or impounded as a result of a tow ordered by the police department shall be towed directly to either the official police tow service's or the city's storage lots unless the police department or other person legally in charge of the vehicle requests that it be taken to some other location. Vehicle release fees shall be established by resolution of the city council.

(Ord. No. 1558, § 2, 2-24-15)

A. Each official police tow service agrees that, for any thirty-day period, the average response time pursuant to requests for tow service by the police department, shall not exceed thirty minutes. Each official police tow service also agrees that the maximum response time for any single request for tow service by the police department shall not exceed forty minutes. As used in this section, response time is defined as the elapsed time between the relaying of the tow service request to the answering service and arrival of the tow vehicle on the scene.

B. When it becomes evident that there will be a delay in responding to a request for towing service, the responding official police tow service shall advise the police department of this delay and the reason for the delay.

(Ord. No. 1558, § 2, 2-24-15)

A. Each official police tow service shall provide the police department with a list of unclaimed vehicles thirty days before they are scheduled to be disposed of or sold. On or before the 10th of each month, the official police tow service shall furnish to the police department a list of all vehicles that have been sold at lien sales during the previous month and date of the action. The list shall include the vehicle owner's name, address, vehicle make, year, and model, license number, VIN number, and police department record number. Copies of all lien sale documents shall be submitted with such list. The documents shall be dated and include all charges imposed on each sale.

B. Each official tow service shall abide by all federal, state, and local laws pertaining to the disposal of unclaimed vehicles and shall not use any vehicle stored or impounded as a result of tow ordered by the police department for any purpose except as expressly authorized under the agreement.

C. No city officials, officers, employees, agents, or consultants thereof, or their respective relatives (i.e., spouses, siblings, grand/parents, grand/parents-in-law, grand/children, aunts, uncles) shall purchase or acquire any unclaimed vehicles sold or disposed of through the process under this Section 5.42.230.

(Ord. No. 1558, § 2, 2-24-15)

A. A franchise shall be subject to termination by the chief of police without cause or such other rights, as prescribed in the franchise agreement.

B. A franchise shall be subject to cancellation, revocation, or suspension by the chief of police either as a whole or as to any person or vehicle described therein for cause, including but not limited to any of the following reasons:

1. An official police tow service fails to pay any city business license fees, late fees, or other fees provided in the franchise agreement or by the Rialto Municipal Code;

2. An official police tow service breaches any rule, regulation, or condition set forth in the franchise agreement or the Rialto Municipal Code;

3. An official police tow service, or any person having any ownership interest in that official police tow service, or any employee of that official police tow service violates any federal, state or local law;

4. An official police tow service fails to maintain a satisfactory level of service to the police or public;

5. An official police tow service fails to keep any tow vehicle in safe condition and good repair; or

6. An official police tow service fails to use distinctive coloring, monogram, or insignia in compliance with Section 27907 of the California Vehicle Code;

7. An official police tow service deviates from the schedule of rates set forth in the franchise;

8. An official police tow service passes on a tow assignment three or more times in any calendar month. "Passing" is defined as refusing, for any reason, any tow assignment from the police department, including, without limitation, the towing of city vehicles at no charge;

9. An official police tow service fails to respond to requests for tow service by the police department within the response time established by Section 5.42.220;

10. An official police tow service commits fraud or deceit upon the city, including, without limitation, falsifying data and records relating to the city's requests for towing services, falsifying the number of official police tow services performed, falsifying the response times to city requests for tow services;

11. An official police tow service commits fraud or deceit upon any person to whom that official police tow service provides tow truck services as determined by a court of law;

12. An official police tow service defaults on the performance of its material obligations under this chapter or the franchise and fails to cure such default within the time specified in the written notice of the default;

13. An official police tow service fails to provide or maintain in full force and effect the insurance coverage as set forth in the franchise agreement;

14. An official police tow service violates any order or ruling of any regulatory body having jurisdiction over the official police tow service relative to the tow truck business, unless such order or ruling is being contested by that official police tow service by appropriate proceedings conducted in good faith; or

15. An official police tow service becomes insolvent, unable or unwilling to pay its debts and obligations, or is adjudged to be bankrupt.

(Ord. No. 1558, § 2, 2-24-15)

Whenever the city determines that an official police tow service has violated any applicable federal, state or local law, or has violated any provision of the franchise between the official police tow service and the city, the city shall give that official police tow service written notice of the violation and an opportunity to be heard on the matter in accordance with the following procedures:

A. Written Notice. The city shall notify the offending official police tow service in writing of any and all violations. Such notice shall be delivered to the particular official police tow service in violation by personal delivery or by registered or certified mail, return receipt requested, shall clearly set forth the specific violation, shall demand that the offending official police tow service cure the violation, and shall set forth the time period for curing the violation. The time period for curing a violation shall be determined by the chief of police, or his or her designee, based on the nature of the violation, but under no circumstances shall the time period to cure be less than ten calendar days. If the official police tow service fails to correct the violation within the time prescribed by the notice, or if the official police tow service fails to commence good faith efforts to correct the violation within the time prescribed in the notice, the city shall temporarily suspend the official police tow service's franchise with the city pursuant to the provisions of subsection B below or shall give the official police tow service fourteen calendar days' written notice of a hearing before the chief of police, or his or her designee. The written notice shall specify the alleged violations and the recommended action to be taken.

B. Temporary Suspension. For equipment violations or business omissions, where the police department desires to provide an official police tow service an additional opportunity beyond the initial notice to correct violations or omissions, the chief of police, or his or her designee, may suspend that official police tow service from providing service for a period of time not to exceed seven calendar days. Such suspension shall not be considered punitive and shall be for the specific purpose of providing official police tow service time to correct specified violations or omissions. If the official police tow service still fails to take corrective action during the temporary suspension period, the city shall give that official police tow service fourteen calendar days' written notice of a hearing before the chief of police, or his or her designee. The written notice shall specify the alleged violations and the recommended action to be taken.

C. Suspension Pending Hearing. For all substantive violations of law or the provisions of the franchise agreement between the official police tow service and the City of Rialto, or for refusal to correct violations after proper notice is served upon the offending official police tow service pursuant to subsections A and/or B above, where the police department intends to take punitive action against the offending official police tow service or revoke the franchise in its entirety, the chief of police or his or her designee, may suspend the offending official police tow service from providing service for a period of time, not to exceed fourteen calendar days, in preparation for a hearing.

D. Informal Hearing. The chief of police or his or her designee, shall conduct such hearing and may receive information from any source deemed relevant to the inquiry. The purpose of the hearing shall be to determine the factual basis of the allegation(s) against the official police tow service.

1. The hearing shall be informal in nature.

2. Formal rules of evidence (California Evidence Code and/or the Federal Rules of Evidence) shall not apply.

3. The offending official police tow service shall have the opportunity to respond to the allegations and present information relevant to official police tow service's defense.

4. At the conclusion of the hearing or within a reasonable time thereafter not to exceed ten working days unless otherwise agreed to by the city and the official police tow service, the chief of police, or his or her designee, shall make a written finding as to whether the allegation(s) are "founded" or "unfounded," supported by facts.

5. Upon a finding the allegation(s) are "founded," the chief of police, or his or her designee, shall determine the appropriate sanction to be taken against the offending official police tow service.

a. The chief of police may extend the suspension of the offending official police tow service for a period of time, not to exceed thirty additional calendar days;

b. The chief of police may permanently revoke the offending official police tow service's franchise and remove the official police tow service from providing service in response to police department request; or

c. The chief of police may impose such other sanction as he or she determines is appropriate in light of the nature of the violation and the relevant circumstances.

6. The chief of police, or his or her designee shall notify the offending official police tow service of his or her finding and/or the sanctions to be imposed, in person, by registered mail, or by written notice hand-delivered to that official police tow service's business office.

E. Appeal. Any official police tow service aggrieved by a decision of the chief of police pursuant to this section may appeal the finding of, or the sanction imposed by, the chief of police to the city administrator. Any such appeal must be filed with the city administrator in writing within five business days of the official police tow service's receipt of the decision of the chief of police.

1. The city administrator shall schedule an informal hearing within ten calendar days of receiving an appeal from the official police tow service and shall notify the official police tow service in writing of such hearing at least five calendar days prior to the hearing date. The same procedures set forth above for the hearing before the chief of police, or his or her designee, shall apply to the hearing before the city administrator.

2. After hearing the evidence from both sides, the city administrator shall issue a written decision within ten days of the hearing. The decision of the city administrator is final.

3. Any person aggrieved by the city administrator's decision may file a writ of administrative mandamus pursuant to Section 1094.5 of the California Code of Civil Procedure within ninety days of the date the city administrator issues his or her decision.

(Ord. No. 1558, § 2, 2-24-15)

Nothing in this chapter shall be constructed to restrict or prohibit the city from maintaining its own tow yard, either in lieu of, or in addition to any official police tow service franchise that is awarded pursuant to this chapter.

(Ord. No. 1558, § 2, 2-24-15)